1. Applicability
2. Offers, service descriptions
3. Order process, conclusion of the contract
4. Prices, delivery costs
5. Delivery, product availability
6. Terms of payment
7. Retention of title
8. Product warranty, guarantee
9. Liability
10. Storage of the contract itself
11. Closing remarks
1. Applicability
1.1. The business relationship between adcrafter.ai, represented by: Lennart Barfs und Sören Lindhoff GbR, Kirchbachstr. 212B, 28211 Bremen (hereinafter referred to as the “vendor”) and the customer (hereinafter referred to as the “customer”) is exclusively governed by the following General Terms and Conditions in the version valid at the time of order placement.
1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.3. Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.
2. Offers, service descriptions
2.1. The display of products in the online shop is to be equated with an invitation to place an order and not a legally binding offer. Service descriptions included in catalogues or on the vendor’s websites are not to be equated with either a promise or a guarantee.
2.2. All offers are valid “as long as stocks last” unless otherwise stated in the respective product description. Errors excepted.
3. Order process, conclusion of the contract
3.1. The customer is free to select the products of their choice from the vendor’s product range and gather them together in a so-called “cart” using the [Get Startet] button. The customer can then proceed to their basket and amend their selection as required, for example by removing a product from the basket. Once they are happy with their selection the customer can proceed to the final step in the order process using the [Proceed to checkout] button.
3.2. When the customer clicks the [Place binding order] button they make a binding request to buy the goods currently in their basket. Prior to order placement the customer is able to view and amend their order data at any time and can also use their browser’s “Back” function to return to their basket or abort the order process. Essential entries are marked with an asterisk (*).
3.3. The vendor responds by emailing the customer an automatic confirmation of receipt; the email recapitulates the order placed by the customer and can be printed using the “Print” function (order confirmation). The automatic confirmation of receipt only documents the receipt of the customer’s order by the vendor and is not to be equated with order acceptance.
4. Prices, delivery costs
4.1. All prices indicated on the vendor’s website are inclusive of statutory value-added tax (VAT) at the valid rate.
5. Delivery, product availability
5.1. If the customeAfter the purchase, the credits are automatically credited to the respective accountr selects advance payment delivery will occur further to receipt of the invoice amount.
5.2 The product (credits) are non-refundable or returnable.
6. Terms of payment
6.1. The customer is free to select one of the available payment types during the order process; their selection is made prior to completion of the order process. Customers are informed about available payment types on a separate webpage.
6.2. If third-party providers are commissioned to process the payment (e.g. PayPal) the general terms and conditions operated by those providers apply.
6.3. The customer’s obligation to pay interest on arrears does not preclude the enforcement of other claims for delay-related damages by the vendor.
6.4. The customer only has the right to set-off if their counterclaims are legally valid or acknowledged by the vendor. The customer can only enforce a right of retention if their claims result from the same contractual relationship as the vendor’s claims.
7. Retention of title
The vendor retains the title of the goods supplied until such time as full payment has been made.
For customers who are entrepreneurs, the following shall apply in addition: The seller shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full; the buyer shall be obliged to treat the purchased item with care as long as title has not yet passed to him. In particular, he is obligated to insure it adequately at his own expense against theft, fire and water damage at replacement value, if this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the Buyer shall carry this out in good time at its own expense. The processing or transformation of the reserved goods by the customer shall always be carried out for the seller. If the reserved goods are processed with other items not belonging to the Seller, the Seller shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the goods subject to retention of title. The customer also assigns the claim to secure the claims against him which arise against a third party through the connection of the reserved goods with a property. Access by third parties to the goods owned or co-owned by the seller must be reported immediately by the customer. The customer shall bear any costs for a third-party action or costs for an extrajudicial release arising from such interventions. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer already assigns to the seller by way of security all claims arising from resale or other legal grounds with regard to the reserved goods (including all balance claims from current account). The Seller revocably authorizes the Customer to collect the claims assigned to the Seller for its account and in its own name. This direct debit authorization may be revoked if the customer does not properly meet its payment obligations. The Seller undertakes to release the securities to which the Seller is entitled at the Customer’s request when their total sales value exceeds the sum of all outstanding claims of the Seller arising from the business relationship by more than 10% (or by more than 50% if there is a risk of liquidation). The selection of the securities to be released shall be incumbent upon the Seller. With the settlement of all claims of the seller from delivery transactions, the ownership of the goods subject to retention of title and the assigned claims shall pass to the buyer. The choice of the securities to be released is incumbent on the seller.
8. Product warranty and guarantee
8.1. The warranty (liability for defects) shall be determined in accordance with statutory provisions, subject to the following provisions.
8.2. The goods supplied by the vendor are only subject to a guarantee if the customer was expressly informed of such a guarantee and the terms thereof prior to the commencement of the order process.
8.3. Credits received are not sellable or transferable.
8.4. If the customer is an entrepreneur, the choice is between rectification or subsequent delivery of defective goods by the seller.
9. Liability
9.1. The following exclusions and restrictions of liability in connection with the vendor’s liability for compensation apply irrespective of other statutory eligibility criteria.
9.2. The vendor is not liable for damage caused by using adcrafter.
9.3. The customer is responsible for the website that he makes available to adcrafter. We assume no liability whatsoever for the URL used or the generated texts.
10. Storage of the contract itself
10.1. The customer is able to print out the contract with the aid of their browser’s print function during the last step of the order process (i.e. prior to placing their order with the vendor).
10.2. The vendor will also send the customer an order confirmation containing all order data to the email address provided by the customer. In addition, the customer will receive a copy of the vendor’s general terms and conditions (including the vendor’s cancellation policy and information on shipping costs and the vendor’s terms of shipping and payment) along with the order confirmation or upon delivery of the goods at the latest. If you have registered with our shop you can view the orders you have placed in your profile. We also store the contract in your profile but do not make it accessible on the internet.
10.3. Customers who are entrepreneurs can receive the contract documents by email, in writing or by reference to an online source.
11. Closing remarks
11.1. If the buyer is an entrepreneur, subject to other agreements or mandatory statutory provisions, the place of performance is the seller’s seat, while the place of jurisdiction is the seller’s seat if the customer is a merchant, legal entity under public law or special fund under public law or the buyer is in the country of domicile of the seller has no general place of jurisdiction. The right of the seller to choose another admissible place of jurisdiction is reserved.
11.2. In the case of entrepreneurs, the law of the [Federal Republic of Germany / Republic of Austria] applies to the exclusion of the UN sales law, as long as there are no compelling statutory provisions to the contrary.
11.3. The language of the contract is German.
11.4. European Commission consumer platform for Online Dispute Resolution (ODR): http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.
